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VINIT KUMAR MATHUR
Shanti W/o Late Mamraj – Appellant
Versus
Ratan Kanwar – Respondent
JUDGMENT
1. With the consent of the learned counsel for the parties, the matter is heard finally.
2. The present appeal has been preferred by the appellantsclaimants for enhancement of the compensation awarded vide judgment and award dtd. 29/1/2018 passed by Motor Accident Claims Tribunal, Bikaner in MACT Claim Case No. 59/2012 (406/2014) whereby the Tribunal has awarded a sum of Rs.2,39,260.00 along with interest @ 9% per annum in favour of the appellants-claimants on account of the accident which occurred on 4/10/2011. In the said accident, Shri Mamraj succumbed to the injuries sustained by him. Thus, the claim petition was filed by the appellants-claimants and the learned Tribunal after framing of the issues and hearing the counsel for the parties, adjudicated the compensation and awarded a sum to the tune of Rs.2,39,260.00. Learned counsel for the appellants-claimants submits that the present appeal has been preferred by the claimants on the ground that the income of the deceased Mamraj has not been assessed properly by the Tribunal, and the Tribunal erred in calculating the income of the deceased Mamraj, considering the Income Tax Return filed before it. Therefore, the compensa
Accurate income assessment based on reliable documentation, such as Income Tax Returns, is crucial in determining compensation in motor accident claims.
The court's decision was influenced by the consideration of income tax returns in determining the deceased's actual annual income and the subsequent recomputation of compensation.
Point of law: It was further held that a prompt objection does not prejudice the party tendering the evidence as in the event of finding of the Court on the mode of proof sought to be adopted going a....
The court emphasized the importance of considering Income Tax Returns and the deceased's actual income in determining the compensation amount in motor accident claims.
Court recalculated compensation based on estimated earnings of deceased, allowing appeal for enhanced damages.
Income Tax Returns are essential statutory documents for determining compensation in motor accident claims, overriding previous assessments.
In determining the income of a deceased person in a motor accident claim, the court may rely on income tax returns that are duly proved by the income tax authorities.
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